PUBLIC MEDIA CENTER v. F. C. C.

No. 76-1648.

587 F.2d 1322 (1978)

PUBLIC MEDIA CENTER, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Thunderbird Broadcasting Co., Richardson Broadcasting Co., and Joseph Gamble Stations, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 24, 1978.


Attorney(s) appearing for the Case

Harvey J. Shulman, Washington, D. C., with whom Collot Guerard and Carol J. Jennings, Washington, D. C., were on brief, for petitioners.

C. Grey Pash, Jr., Counsel, F.C.C., Washington, D. C., with whom Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Barry Grossman and Peter L. de la Cruz, Attys., Dept. of Justice, Washington, D. C., were on brief, for respondents.

Randy I. Bellows, Washington, D. C., also entered an appearance for petitioners.

Susan J. Atkinson, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for respondent, United States of America.

Stephen A. Sharp and Keith H. Fagan, Counsel, F.C.C., Washington, D. C., also entered appearances for respondent, F.C.C.

Nathaniel F. Emmons, Washington, D. C., entered an appearance for intervenor, Thunderbird Broadcasting Co.

Benito Gaguine, Washington, D. C., entered an appearance for intervenor, Richardson Broadcasting Co.

Jack P. Blume, Herbert M. Schulkind, and Howard J. Braun, Washington, D. C., entered appearances for intervenor, Joseph Gamble Stations, Inc.

Before DANAHER, Senior Circuit Judge, and TAMM and ROBB, Circuit Judges.


Opinion for the court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

Petitioners, Public Media Center, et al.,1 seek reversal of a Federal Communications Commission (Commission) decision2 holding that four California radio stations did not violate the fairness doctrine when they broadcast advertisements promoting the desirability of nuclear generation of electrical power. Because the Commission...

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